New Mexico Motion for Recusal of Judge - Removal

State:
Multi-State
Control #:
US-02218BG
Format:
Word; 
Rich Text
Instant download

Description

A Judge should disqualify himself or herself in a proceeding where he or she:


" Has a personal bias or prejudice concerning a party;

" Has personal knowledge of disputed evidentiary facts;

" Served as a lawyer in the matter in controversy;

" Practiced law with a lawyer who, during the time of this association, handled the case in question;

" Has been a material witness in the case, or has practiced law with a lawyer who is a material witness;

" Has a financial or other interest in the subject or parties to the proceeding, or a member of his or her immediate family has such an interest;

" Is a party to or a lawyer in the proceeding, or is related to one who is so involved in the proceeding;

" Knows of a relative who has an interest that could be substantially affected by the outcome of the proceeding; or

" Is likely to be a material witness, or is related to one who is likely to be a material witness in proceeding.

Free preview
  • Preview Motion for Recusal of Judge - Removal
  • Preview Motion for Recusal of Judge - Removal
  • Preview Motion for Recusal of Judge - Removal

How to fill out Motion For Recusal Of Judge - Removal?

If you need to total, acquire, or print legitimate record themes, use US Legal Forms, the biggest variety of legitimate forms, that can be found on the Internet. Make use of the site`s simple and easy hassle-free lookup to obtain the documents you require. A variety of themes for enterprise and person uses are categorized by classes and states, or keywords and phrases. Use US Legal Forms to obtain the New Mexico Motion for Recusal of Judge - Removal within a couple of mouse clicks.

If you are already a US Legal Forms client, log in to your bank account and click on the Acquire switch to find the New Mexico Motion for Recusal of Judge - Removal. You can even entry forms you previously delivered electronically inside the My Forms tab of the bank account.

If you work with US Legal Forms the very first time, refer to the instructions under:

  • Step 1. Be sure you have chosen the shape to the proper area/land.
  • Step 2. Use the Preview solution to examine the form`s content. Do not neglect to see the information.
  • Step 3. If you are unhappy with all the develop, use the Look for area on top of the display screen to discover other versions from the legitimate develop template.
  • Step 4. When you have identified the shape you require, click the Get now switch. Opt for the costs program you choose and include your credentials to register for an bank account.
  • Step 5. Method the financial transaction. You may use your Мisa or Ьastercard or PayPal bank account to perform the financial transaction.
  • Step 6. Find the formatting from the legitimate develop and acquire it on your own gadget.
  • Step 7. Comprehensive, revise and print or signal the New Mexico Motion for Recusal of Judge - Removal.

Each legitimate record template you buy is the one you have forever. You might have acces to every single develop you delivered electronically with your acccount. Select the My Forms segment and choose a develop to print or acquire once again.

Be competitive and acquire, and print the New Mexico Motion for Recusal of Judge - Removal with US Legal Forms. There are many expert and express-particular forms you may use to your enterprise or person needs.

Form popularity

FAQ

Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.

The judge is only required to order recusal (or refer the matter over to another judge to decide whether recusal is necessary) if a reasonable person, knowing all the facts, would have doubts about the judge's ability to be impartial in the case.

"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.

If a judge recuses after a case has been assigned to a panel but before oral argument occurs, a replacement judge will typically be assigned to hear that case.

The judge is only required to order recusal (or refer the matter over to another judge to decide whether recusal is necessary) if a reasonable person, knowing all the facts, would have doubts about the judge's ability to be impartial in the case.

A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.

A recusal or disqualification is a method used to resolve an apparent or actual conflict of interest. A disqualified employee may be required to sign a written statement reflecting the scope of the disqualification and the precise nature of the conflicting interest or activity.

The general rule is that, to warrant recusal, a judge's expression of an opinion about the merits of a case, or his familiarity with the facts or the parties, must have originated in a source outside the case itself.

Trusted and secure by over 3 million people of the world’s leading companies

New Mexico Motion for Recusal of Judge - Removal